If you have been injured in an accident in Houston, Texas, you may be worried about recovering, getting back to your normal routine and paying the medical bills. If the accident was caused by another party’s negligence, you may be frightened and angry and not know where to turn. With the help of an experienced personal injury attorney, you can seek just compensation by filing a personal injury lawsuit.
Common Types of Personal Injury
Sherman Law Firm is a leading personal injury law practice serving clients in Harris and Montgomery Counties and throughout the Houston area. We routinely handle injury claims related to all types of accidents, including:
- Automobile accidents
- Bicycle accidents
- Construction accidents
- Dog bites
- Motorcycle accidents
- Oil field accidents
- Truck accidents
- Uber accidents
- Slip, trip and fall
- Defective products
Although many injury claims are typically resolved through a complicated negotiation process and never go to trial, we have the skills that are necessary to win in court. Whether in or outside of the courtroom, we will fight for your right to the maximum compensation you deserve.
What is a personal injury lawsuit?
A personal injury lawsuit can be filed if the party who caused the accident was negligent or reckless. Under Texas law, all residents are required to act responsibly and take reasonable measures to prevent causing harm to others. This is called a duty of care. To have a valid claim, you must be able to prove that the other party was negligent by breaching his or her duty of care.
In addition to proving the other party’s negligence, you must be able to show that you suffered harm, which the law refers to as “damages.” Generally, there are two types of damages that may be available in a personal injury lawsuit– economic damages and noneconomic damages. Economic damages include financial losses such as lost wages, medical expenses, and property damage, while noneconomic damages include pain and suffering, physical disability or loss of enjoyment of life.
Additionally, “exemplary” or “punitive” damages may also be available if the party who caused your injuries acted willfully or with gross negligence. Such damages are meant to punish the other party’s conduct and to prevent others from acting in the same way. As an example, if you are injured in a car accident that was caused by a drunk driver, you may be awarded punitive damages, even if the other party is not convicted of driving while intoxicated.
What is comparative fault?
In the state of Texas, there is a modified comparative fault rule regarding personal injury claims. This means that if you are more than 50 percent at fault for the accident, you may not be able to recover damages. On the other hand, if you are less than 50 percent at fault, you can proceed with your claim; however, the number of damages awarded to you will be reduced by what is referred to as “proportionate responsibility.” So if the total value of your claim is $10,000, but a court or claims adjuster determines you were 20 percent at fault, the number of damages you can recover will be reduced to $8,000.
Contact Our Houston Personal Injury Attorney
Sherman Law Firm is highly regarded for providing clients with aggressive legal representation and superior personal service. Founding attorney Sam Sherman is not only well-schooled in personal injury law, he cares about the firm’s clients and is committed to the community in the Houston area.
When you work with our legal team, you can trust us to put your best interests first. We will not waste your time pursuing a claim if we believe the chances for success are slim. At the same time, we are well aware that winning a personal injury lawsuit is an uphill battle. We are prepared to fight — and win. We also know that many of our clients have little experience dealing with the legal system and may never have been inside a courtroom. We will take the time to explain how the process works and consider all of your options for obtaining compensation. Your recovery is what matters most, however, so we will also make sure you receive the medical treatment you need.
It is worth noting that a personal injury claim typically involves dealing with the responsible party’s insurance company. Although insurers are notorious for denying or lowballing claims, we have the skills and experience to level the playing field. If the insurer refuses to pay the full value of your claim, we are prepared to take your case to court.
At Sherman Law Firm, we pride ourselves on providing our clients with cost-effective service and the personal attention they deserve. All personal injury cases are handled on a contingency basis, which means that you will not pay any attorneys’ fees until we win your case. If you or a loved one has been injured in an accident that was not your fault, we can help. Contact our office as soon as possible to set up a free consultation.